Appellate Division of the Supreme Court of the State of New York January 5, 1939 (Town of Greece v. Smith)

Judgment affirmed, with costs. Memorandum: At the close of plaintiff’s proofs, it appeared that defendant was erecting a building on his premises, pursuant to and in accordance with a permit granted him, by the zoning board of appeals of the plaintiff town, upon its allowance of a variance pursuant to section 267 of the Town Law.